5D03-2572 Professional Plastering v. Bridgeport-Strasberg

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2572

Case Date: 01/24/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

PROFESSIONAL PLASTERING & STUCCO, INC., Appellant, v. Case No. 5D03-2572

BRIDGEPORT-STRASBERG JOINT VENTURE, ET AL., Appellee. _______________________________________/ Opinion filed January 28, 2005. Appeal from the Circuit Court for Seminole County, Clayton Simmons, Judge. Phillip C. Dozier, Apopka, for Appellant. William L. Grant and Earnest DeLoach, Jr., of Shutts & Bowen, LLP, Orlando, for Appellee.

THOMPSON, J. Professional Plastering & Stucco, Inc. ("Professional Plastering") appeals the dismissal of its claim against General Accident Insurance Company of America ("General Accident"). Professional Plastering is the subcontractor on a construction project. It sued the contractor in count one for breach of contract claiming the contractor owed it money for

working on the construction project. In count two, it sued General Accident on a bond issued in connection with the construction project. Professional Plastering alleged in its complaint that it was owed $88,387.12 for unpaid labor and materials and sought payment from General Accident under the bond. It alleged that the bond was a

common law bond and that the requirements of section 713.23, Florida Statutes, did not apply. The court ruled that the bond was a statutory bond and dismissed count two. Under section 713.02(6), Florida Statutes, 1 a property owner may require its contractor to provide a payment bond as provided in section

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